Senate Bill sb0708e1

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    SB 708                                   First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         231.40, F.S.; limiting the amount of pay

  4         certain employees of district school systems

  5         may receive for unused sick leave upon

  6         termination of employment; providing conditions

  7         on the use of sick leave; amending s. 231.481,

  8         F.S.; limiting the amount of pay certain

  9         employees of district school systems may earn

10         for unused vacation leave upon termination of

11         employment; amending s. 240.343, F.S.; limiting

12         the amount of pay certain employees of

13         community college districts may receive for

14         unused sick leave upon termination of

15         employment; providing conditions on the use of

16         sick leave; providing for payment to the

17         employee's beneficiary under specified

18         conditions; providing an effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Paragraph (a) of subsection (3) of section

23  231.40, Florida Statutes, is amended to read:

24         231.40  Sick leave.--

25         (3)  PROVISIONS GOVERNING SICK LEAVE.--The following

26  provisions shall govern sick leave:

27         (a)  Extent of leave.--

28         1.  Each member of the instructional staff employed on

29  a full-time basis is shall be entitled to 4 days of sick leave

30  as of the first day of employment of each contract year and

31  shall thereafter earn 1 day of sick leave for each month of


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    SB 708                                   First Engrossed (ntc)



  1  employment, which shall be credited to the member at the end

  2  of that month and which may shall not be used before prior to

  3  the time it is earned and credited to the member.  Each other

  4  employee shall be credited with 4 days of sick leave at the

  5  end of the first month of employment of each contract year and

  6  shall thereafter be credited for 1 day of sick leave for each

  7  month of employment, which shall be credited to the employee

  8  at the end of the month and which may shall not be used before

  9  prior to the time it is earned and credited to the employee.

10  However, each member of the instructional staff and each other

11  employee is shall be entitled to earn no more than 1 day of

12  sick leave times the number of months of employment during the

13  year of employment.  If the employee terminates his or her

14  employment and has not accrued the 4 sick days of sick leave

15  available to him or her, the district school board may

16  withhold the average daily amount for the days of sick leave

17  used days utilized but unearned by the employee. Such leave

18  may shall be taken only when necessary because of sickness as

19  herein prescribed in this section.  The sick leave shall be

20  cumulative from year to year.  There shall be no limit on the

21  number of days of sick leave which a member of the

22  instructional staff or an educational support employee may

23  accrue, except that at least one-half of this cumulative leave

24  must be established within the district granting such leave.

25         2.  A district school board may establish policies and

26  prescribe standards to permit an employee to be absent 6 days

27  each school year for personal reasons. However, such absences

28  for personal reasons must shall be charged only to accrued

29  sick leave, and leave for personal reasons is shall be

30  noncumulative.

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    SB 708                                   First Engrossed (ntc)



  1         3.  District school boards may adopt rules permitting

  2  the annual payment for accumulated sick leave that is earned

  3  for that year and that is unused at the end of the school

  4  year, based on the daily rate of pay of the employee

  5  multiplied by up to 80 percent.  Days for which such payment

  6  is received shall be deducted from the accumulated leave

  7  balance. Such annual payment may apply only to instructional

  8  staff and educational support employees.

  9         4.  A district school board may establish policies to

10  provide terminal pay for accumulated sick leave to

11  instructional staff and educational support employees of the

12  district school board.  If termination of employment is by

13  death of the employee, any terminal pay to which the employee

14  may have been entitled may be made to his or her beneficiary.

15  However, such terminal pay may shall not exceed an amount

16  determined as follows:

17         a.  During the first 3 years of service, the daily rate

18  of pay multiplied by 35 percent times the number of days of

19  accumulated sick leave.

20         b.  During the next 3 years of service, the daily rate

21  of pay multiplied by 40 percent times the number of days of

22  accumulated sick leave.

23         c.  During the next 3 years of service, the daily rate

24  of pay multiplied by 45 percent times the number of days of

25  accumulated sick leave.

26         d.  During the next 3 years of service, the daily rate

27  of pay multiplied by 50 percent times the number of days of

28  accumulated sick leave.

29         e.  During and after the 13th year of service, the

30  daily rate of pay multiplied by 100 percent times the number

31  of days of accumulated sick leave.


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    SB 708                                   First Engrossed (ntc)



  1         5.  A district school board may establish policies to

  2  provide terminal pay for accumulated sick leave to any

  3  full-time employee of the district school board other than

  4  instructional staff or educational support employees as

  5  defined in this section.  If termination of the employee is by

  6  death of the employee, any terminal pay to which the employee

  7  may have been entitled may be made to the employee's

  8  beneficiary.  However, for such employees hired on or after

  9  July 1, 1995,

10         a.  Terminal pay may shall not exceed an amount

11  determined as follows:

12         a.  one-fourth of all unused sick leave accumulated on

13  or after July 1, 2001, and may 1995; however, terminal pay

14  allowable for such accumulated sick leave shall not exceed a

15  maximum of 60 days of actual payment. This limit does not

16  impair any contractual agreement established before July 1,

17  2001; however, a previously established contract renewed on or

18  after July 1, 2001, constitutes a new contract.

19         b.  For unused sick leave accumulated before prior to

20  July 1, 2001 1995, terminal payment shall be made pursuant to

21  a district school board's policies, contracts, or rules that

22  which are in effect on June 30, 2001 July 1, 1995.

23         c.  If an employee has an accumulated sick leave

24  balance of 60 days or more prior to July 1, 2001, sick leave

25  earned after that date may not be accumulated for terminal-pay

26  purposes until the accumulated leave balance for leave earned

27  before July 1, 2001, is less than 60 days.

28         Section 2.  Section 231.481, Florida Statutes, is

29  amended to read:

30         231.481  Terminal pay for accrued vacation leave.--A

31  district school board may establish policies to provide for a


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    SB 708                                   First Engrossed (ntc)



  1  lump-sum payment for accrued vacation leave to an employee of

  2  the district school board upon termination of employment or

  3  upon retirement, or to the employee's beneficiary if service

  4  is terminated by death. Effective July 1, 2001 1995, terminal

  5  pay for accrued vacation leave may not exceed a maximum of 60

  6  days of actual payment for employees hired on or after that

  7  date. This limit does not impair any contractual agreement

  8  established before July 1, 2001. For unused vacation leave

  9  accumulated before July 1, 2001, terminal payment shall be

10  made pursuant to the district school board's policies,

11  contracts, or rules that are in effect on June 30, 2001.

12         Section 3.  Paragraph (e) of subsection (2) of section

13  240.343, Florida Statutes, is amended to read:

14         240.343  Sick leave.--Each community college district

15  board of trustees shall adopt rules whereby any full-time

16  employee who is unable to perform his or her duties at the

17  college on account of personal sickness, accident disability,

18  or extended personal illness, or because of illness or death

19  of the employee's father, mother, brother, sister, husband,

20  wife, child, or other close relative or member of the

21  employee's own household, and who consequently has to be

22  absent from work shall be granted leave of absence for

23  sickness by the president or by the president's designated

24  representative.  The following provisions shall govern sick

25  leave:

26         (2)  EXTENT OF LEAVE WITH COMPENSATION.--

27         (e)  A board of trustees may, by rule, establish rules

28  or policies to provide for terminal pay for accumulated unused

29  sick leave to be paid to any full-time employee of a community

30  college other than instructional staff or educational support

31  employees as defined in this section. If termination of


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    SB 708                                   First Engrossed (ntc)



  1  employment is by death of the employee, any terminal pay to

  2  which the employee may have been entitled shall may be made to

  3  the employee's beneficiary.

  4         1.  For unused sick leave accumulated before July 1,

  5  2001, terminal pay shall be made pursuant to rules or policies

  6  of the board of trustees which are in effect on June 30, 2001.

  7         2.  For unused sick leave accumulated on or after July

  8  1, 2001, terminal payment may not exceed an amount equal to

  9  one-fourth of the employee's unused sick leave or 60 days of

10  the employee's pay, whichever amount is less.

11         3.  If the employee has an accumulated sick leave

12  balance of 60 days or more on June 30, 2001, sick leave earned

13  after that date may not be accumulated for terminal-pay

14  purposes until the accumulated leave balance as of June 30,

15  2001, is less than 60 days. However, for such employees hired

16  on or after July 1, 1995, terminal pay shall not exceed an

17  amount determined as follows:

18         1.  One-fourth of all unused sick leave accumulated on

19  or after July 1, 1995; however, terminal pay allowable for

20  such accumulated sick leave shall not exceed a maximum of 60

21  days of actual payment.

22         2.  For unused sick leave accumulated prior to July 1,

23  1995, terminal payment shall be made pursuant to a board of

24  trustees' policies which are in effect on July 1, 1995.

25         Section 4.  This act shall take effect July 1, 2001.

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